Emirates passenger, Lina Di Falco, fails to sue airline over water requests
A woman who claimed a lack of water caused her injury, and ultimately ended her marriage, faces a massive legal bill after failing in her bid to sue a major airline.
Law & Order
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A thirsty traveller aboard an Emirates flight, who claimed repeated refusals by staff to bring her water caused her to faint and injure herself, has lost her battle to sue the airline.
And now she faces being stumped with a huge legal bill for her failed attempt to gain at least $300,000 in compensation.
Lina Di Falco, 54, had launched legal action against the major airline, claiming her broken ankle led to a broken marriage and altered her life forever.
Ms Di Falco gave evidence she had suffered constant ankle pain since the 2015 incident on-board the long-haul flight from Melbourne to Dubai and had since been unable to take part in activities she once loved — like alpine skiing once a year.
But Supreme Court Judge Jacinta Forbes today dismissed her claim, ruling her experience on board was neither unusual nor unexpected.
Justice Forbes said the evidence was that there were a significant number of faints that occur on airlines — perhaps two to three a week.
“Certainly it’s rare for a fortnight to pass without a faint occurring,” her honour said.
During several days of evidence, the court heard the “adventurous traveller” had drunk more than one litre of water before boarding the flight where she asked for water four times during before she was eventually given a 150ml bottle of water during the lunch service.
Two requests were made to a flight attendant who was helping a blind man to his seat.
Ms Di Falco told the court she felt dizzy and like she was going to vomit before fainting as she stood up to go the bathroom, injuring her ankle in the process.
Two flight attendants who were on board said there were occasions when they did not have the capacity to respond to requests immediately.
But Justice Forbes concluded Ms Di Falco’s request for water was never refused — rather deferred and found Emirates had no liability.
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Barrister John Ribbands for Emirates had previously argued the mother’s injuries were caused by “her own internal reactions to the standard, usual and expected operating conditions of an aircraft”.
Mr Ribbands also highlighted that the plane had a water fountain readily available for use by passengers, but Ms Di Falco said she did not see it.
Ron Meldrum QC, representing Ms Di Falco, had previously said his client was seeking “at least” $300,000 for general damages, telling the court of the impact of the accident on his client’s life, including the breakdown of her marriage.